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RobertJDFL, Lawyer

Category: Criminal Law

Satisfied Customers: 13639

Experience: Experienced in multiple areas of the law.

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I need advice with a domestic violence police report, ca and

Customer Question

i need advice with a domestic violencepolice reportJA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: ca and the report was made on mondayJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: that i am being charged with domestic violence bacsue i told a police officer i slapped him we do not want to press charges and just need help

Submitted: 7 months ago.

Category: Criminal Law

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Customer:replied 7 months ago.

Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

Unfortunately, it's not up to your partner/spouse/other half whether to press charges or not. The decision to file charges -and therefore whether to dismiss charges -is solely in the hands of the prosecutor's office, as it is the state that prosecutes.

Unfortunately, most prosecutors have a “no drop” policy for domestic violence cases. The prosecutors will use special provisions of California law, which enable them to go forward with their case, even with an uncooperative victim/witness. For example, the California Evidence Code permits prosecutors to admit otherwise inadmissible evidence in domestic violence trials, such as prior statements made by the victim, if the statements meet certain standards and are approved by the judge. In addition, the prosecutor may be able to introduce evidence of the defendant’s prior domestic violence convictions or even prior allegations of domestic violence, if the evidence of the prior offense was fairly recent and supported by sufficient evidence, and if the evidence is not unduly prejudicial. I realize none of that may apply in your situation - I'm just giving you examples of how prosecutors take an approach to moving forward in these types of cases.

If the other party really wants to drop charges, they should speak with your attorney (yes, you'll definitely want a lawyer) about how to approach this. Your lawyer will be in the best position to negotiate with the prosecutor and to try to strike a deal to either dismiss the charge (if your lawyer shows that the "victim" was not injured and does not wish to cooperate) or otherwise come to some sort of arrangement such as diversion, where in exchange for meeting certain terms set forth by by court, the charge is then dropped.

Was there anything I could clarify for you or additional information you needed about this question?

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